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RICHT-OF-WAY-EASEMENT <br />KNOW ALL MEN BY THESE PRESENTS that John D. and Maril n M. Schmahl , <br />Grantor(s), owner(s) of record of subject property, of the County of Mesa <br />and the State of Colorado in consideration of the sum of TEN DOLLARS ($10.00) <br />and other good and valuable considerations, the receipt th eof is hereby <br />acknowledged, do(es) hereby grant, sell, bargain, warrant a d convey unto <br />GRAND VALLEY RURAL POWER LINES, INC., Grantee, a Colorado c rporation, its' <br />successors and assigns, the right, privilege and easement f rever to a right- <br />of-way not exceeding twenty (20) feet in which to erect construct, operate, <br />maintain, patrol, inspect, service and repair across said p operty, a line or <br />lines for the distribution of electric energy, including po es, anchors, conducto <br />and other Electrical Distribution Equipment. Grantor, in v ew of the fact that <br />said property will be used for rock mining and crushing, al o agrees to the <br />following stipulations which become necessary for the full se of said lines, <br />including the right to trim and keep clear all trees and li bs along said lines <br />that may, in any way, endanger the proper operation of same Grantor further <br />agrees, promises and warrants to reserve the below describe lands for the uses <br />of said easement, and not to obstruct said easement with st uctures of a <br />permanent nature except in the area within a 15 foot radius of poles or anchors <br />which may be in the proximity of the mining and crushing op rations to be <br />conducted on this property. Said poles and anchors are to a physically protecte~ <br />by a barrier of large boulders surrounding the poles at the 15 foot radius line. <br />Soil within this 15 foot radius must remain undisturbed to reserve pole and <br />anchor stability. Grantor hereby assumes responsibility to roperly notify <br />Grantee of changes in grades or conditions which would cause said powerline to <br />be in Violation of the 20 foot NESC ground clearance require ents or the 10 foot <br />clearance requirements of House Bill 1465, and agrees to rei burse Grantee for <br />any and all expense associated with bringing powerline back nto compliance <br />with said codes. Further, Grantor hereby agrees to reimburse Grantee for any <br />and all expenses incurred by Grantee for removal of dust and debris caused by <br />said mining operation and agrees to provide access at all ti es to each pole <br />or line for said debris removal. <br />The above mentioned property is located in Mesa C~unty, Colorado, <br />and the easement 1s described as follows: <br />Beginning at the SW Corner of Section 16, T145, R100W 6th P <br />90°08'E approximately 145 feet to the true point of beginni <br />00' E approximately 200 feet; thence N 33°58' E approximate <br />N 31°49' E approximately 320 feet; thence N 24°50'E approxi <br />Signed and delivered this 14th day of _ <br />my/our own free will, realizing the benefit to mys <br />Rural Power Lines, Inc. and to the public. <br />NAME: John <br />SIGNATURE:! <br />NAME: M~y <br />SIGNATURE: ~, <br />t._ ,.r. <br />STATE OF COLORADO ) <br />COUNTY OF MESA ) <br /> <br />March <br />elf/oursel <br />i. Schmahl <br />'n M. Sch^ <br />.; thence N <br />thence N 38° <br />433 feet; thence <br />rely 465 feet. <br />1984. by <br />Grand Valley <br />1 <br />I, Bonnie McMurYay a Notary Public in and for said Mesa <br />County, in the State aforesaid, do }icreby certify that John D. Schmahl and <br />Marilyn M. Sctunahl who <br />whose names are <br />appeared before me in person this <br />and delivered the said instrument <br />deed, for the uses and purposes t' <br />are personally known to me to be the Person <br />suscribed to the f regoing deed, <br />day and acknowledge that the signed, sealed <br />of writing~e~' Cree and v lun[ary act and <br />ierein set forth. <br />Given my hand and notarial seal this 14th day of March A.D., 19 84 <br />My commission expires: <br />November 19, 1987 ~ ~ «i,~_ ary Public <br />~ ~n_ Fnx d0. C;rarri .Iun n. COl(~rat1C~ SlSm <br />